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| TODAY'S TOP DEVELOPMENTS |
Wednesday, January 13, 2016 |
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Industry news, expert analysis, and daily updates on the most significant insurance coverage legal developments—from the insurance and legal experts of The National Underwriter Company.
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Automobile Insurance
Texas Supreme: Loss-of-Use Damages May Be Recovered for Total Destruction of Insured Personal Property, Not Only for Its Partial Destruction
The Texas Supreme Court, in a case of first impression in the state, has reversed an appellate court decision and has ruled that an insured was entitled to recover loss-of-use damages for the total destruction of insured personal property in addition to recovering for the fair market value of the property immediately before the injury. Read More
Homeowners Insurance
Finding "Plausible Claim for Coverage," Connecticut District Court Refuses to Dismiss Homeowners' Suit Over Damage to Their Basement Walls
The U.S. District Court for the District of Connecticut has refused to dismiss an action brought by homeowners against their insurance company seeking coverage for damage to the basement walls of their home that, they alleged, had been caused by a chemical compound found in certain basement walls constructed in the late 1980s and early 1990s. Read More
Automobile Insurance
11th Circuit, Relying on Legislative History, Finds that Florida Insurer's Obligation to Pay PIP Benefits Was Limited to $2,500 in Absence of Finding of Emergency Medical Condition
The U.S. Court of Appeals for the Eleventh Circuit, interpreting amendments to the Florida Motor Vehicle No-Fault Law, has ruled that an insurer was obligated to pay only $2,500 in personal injury protection benefits where no medical provider had made any determination about whether the insured's injury was an "emergency medical condition." Read More
Eye on the Experts
Virginia Federal Court Rejects Liability Insurer's "Business Pursuits" and "Known Falsity" Exclusions; Owes Defense for Slander Allegations
This Eye on the Experts article explains a recent Virginia federal court ruling that a liability insurer's so-called "business pursuits" and "known falsity" exclusions do not preclude a defense against defamation allegations where the allegations raised at least a potential for coverage under the policy. Read More |
View All Case Law Developments |
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In the States
United Health Group Settles New York's Restraint of Competition Allegations
UnitedHealth Group has reached a settlement with New York Attorney General Eric T. Schneiderman concerning allegations that United's business practices in New York unlawfully restrained competition in the market for certain elder and long term care insurance products. Read More
Federal Actions
House Passes Bill Imposing Reporting Requirements on Asbestos Trusts in Bankruptcy
The U.S. House of Representatives has passed H. R. 1927, the "Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2016." H.R. 1927 passed by a vote of 211-188. Read More |
View All Legislative/Regulatory Developments |
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| Ameritas Acquires $2.1 Billion of Life Insurance in Force Read More |
Willis Towers Watson Merger Is Completed Read More |
FC&S Legal Publishes "2015 Excess and Surplus Lines Laws: Louisiana" Read More |
Liberty Mutual Offers Theft Deductible Waiver for Inland Marine Contractors' Equipment Coverage Read More |
Great American Insurance Group Launches Accident and Health Insurance Programs Read More |
View All Industry News |
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INSURANCE COVERAGE
LAW REPORT |
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View Entire November/December Insurance Coverage Law Report |
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Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
vspears@alm.com |
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| FC&S Legal Editorial Advisory Board |
Mitchell J. Auslander, Willkie Farr & Gallagher LLP
Carrie Cope, Schuyler, Roche & Crisham, P.C.
Anjali C. Das, Wilson Elser
John F. Finnegan, Chadbourne & Parke LLP
Michele L. Jacobson, Stroock & Stroock & Lavan LLP
Timothy P. Law, Reed Smith LLP
Cort T. Malone, Anderson Kill, P.C. |
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Richard D. Milone, Kelley Drye & Warren LLP
Joseph P. Monteleone, Rivkin Radler LLP
Anne M. Murray, Rivkin Radler LLP
Jerold Oshinsky, Kasowitz, Benson, Torres & Friedman LLP
Seth B. Schafler, Proskauer Rose LLP
Thomas F. Segalla, Goldberg Segalla
David D. Thamann, The National Underwriter Company |
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FC&S Daily Legal Report ($1,295 annual subscription) is included as part of your subscription to FC&S Legal: The Insurance Information Center. FC&S Daily Legal Report and The Insurance Coverage Law Report are publications of The National Underwriter Company. For more information, visit www.fcandslegal.com. To subscribe to FC&S Legal, please contact customer service at 1-800-543-0874 or customerservice@nuco.com.
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| FC&S Legal: The Insurance Coverage Law Information Center |
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